Subordinate Legislation Committee
Meeting date: Tuesday, November 8, 2011
Official Report
279KB pdf
Instruments not subject to Parliamentary Procedure
Pigs (Records, Identification and Movement) (Scotland) Amendment Order 2011 (SSI 2011/351)
The legal brief notes that there has been a failure to follow proper drafting practice, as section 83(2) of the Animal Health Act 1981 has not been cited as an enabling power in the preamble. However, that does not appear to affect the validity or operation of the order, as the words
“and all other powers enabling them to do so”
may be construed as including a reference to that section.
The legal brief notes a further failure to follow proper drafting practice in that article 3 of the Pigs (Records, Identification and Movement) (Scotland) Order 2011 (SSI 2011/327), as substituted by article 2 of the amendment order, provides that notices must be in writing when provision to that effect is already made in section 83(1) of the 1981 act. Accordingly, article 3, as substituted, is superfluous in so far as it refers to notices.
With those two matters in mind, does the committee agree to draw the order to the attention of the Parliament on the general reporting ground?
Members indicated agreement.
Criminal Justice and Licensing (Scotland) Act 2010 (Commencement No 9, Transitional and Savings Provisions) Order 2011 (SSI 2011/354)
The legal brief records that section 109(3) of the Criminal Justice and Licensing (Scotland) Act 2010 is commenced
“in respect of offences committed on or after 1st November 2011”.
Section 109(3) creates a new offence of unauthorised disclosure of information about certain offences. It could have been made clearer whether the reference to “offences” for the purposes of commencement related to the offence that section 109(3) creates or to the offences that are the subject of the information to which the new offence relates.
Reflecting on that evident lack of clarity, does the committee agree to draw the order to the Parliament’s attention on reporting ground (h)?
Members indicated agreement.
The relevant part of the legal briefing actually says:
“Section 109(3) is commenced ‘in respect of offences committee on or after 1st November 2011’”.
Can I just check that it should say “committed”, not “committee”?
Forgive me. [Interruption.] I am assured that the typo does not appear in the order, so we are fine.
Is it “committee” or “committed”?
It is “committed”.
Criminal Justice and Licensing (Scotland) Act 2010 (Commencement No 9, Transitional and Savings Provisions) Amendment Order 2011 (SSI 2011/366)
Historic Environment (Amendment) (Scotland) Act 2011 (Commencement No 2) Order 2011 (SSI 2011/372)
Planning etc (Scotland) Act 2006 (Commencement No 12) Order 2011 (SSI 2011/382)
The committee agreed that no points arose on the instruments.